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Pagdi system laws in mumbai (Property Law)

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This query is : Resolved


Author : manish

Posted On 25 August 2012 at 15:30

HI everyone,

My father own a Pagadi system flat in Malad, Mumbai purchased in 1980.We never had any legal agreement/sale deed of the purchased flat.Rent receipt is issued on my father name and all the other document such as ration card,electricity bill, even our Passport are on this address and have my father name.Since last 2 years we are not living on this flat as our family is grown we all could accommodate in the flat.

Please answer the below questions.

1. Can landlord pressurize us to sell the flat if it is lying empty/ideal for more than 1 years.
2. As this flat is on my father name do we need to pay landlord to transfer the ownership right from my father to me or it will get automatic transfer to me after my father dead as the succession act.
3. Can i give this flat on rent without landlord concerned if yes, then how much share should i have give to landlord.
4.If i am planning to sell how much share should i give landlord or how much is his right to claim in pagadi flat.


thanks
Manish




Expert : ajay sethi

Posted On 26 August 2012 at 20:11

you cannot give flat on rent without landlord consent .

if flat is rented to your father for perosn use and if he is not staying in the same the lanlord will file eviction use .

if you sell the flat the share of landlord for pagdi flat is 35%to 40%




Expert : ajay sethi

Posted On 26 August 2012 at 20:14

Tenant asked to vacate rented flat for not staying there
PTI | 06:07 PM,Jul 13,2011
New Delhi, Jul 13 (PTI) A tenant has been asked by a Delhi court to vacate his rented premises on the ground that he had not been residing there for over two years."The appeal is accepted and the eviction order on the ground of not residing is passed," District Judge-cum- Additional Sessions Judge O P Gupta said allowing the appeal of Safdarjung resident Gurdip Singh, challenging Additional Rent Controller's February 2011 order dismissing his plea for evicting his tenant from his flat in Rajouri Garden.Singh had sought the eviction of his tenant Gurbaksh Singh from his Rajouri Garden flat on the ground that he had neither been residing in nor maintaining it for long.Gurdip, in his appeal, told the court that his brother had let out the property to Gurbaksh in 1976 at Rs 250 per month excluding water and electricity charges, for residential purpose.Gurdip had also pointed out to the court following an another court's order to Gurbaksh to demolish an unauthorised construction in his rented flat, the tenant had locked it up and had begun staying elsewhere.The court noted that the Delhi Jal Board water connection to the rented flat was disconnected in December 2008 due to non-payment of dues and that he had last paid electricity bill six to seven years ago and did not know as to how much amount of electricity was due."In the instant case the non consumption is for a much longer period. There is no electricity and water supply in the suit premises. A person cannot be believed to live without electricity and water," the court held while directing Gurbaksh to vacate the premises.




Author : manish

Posted On 27 August 2012 at 18:40

Thanks for the answer

I would also request you to answer point no.2

As this flat is on my father name do we need to pay landlord to transfer the ownership right from my father to me or it will get automatic transfer to me after my father dead as the succession act.



Expert : ajay sethi

Posted On 27 August 2012 at 22:05

if you are the legal heir and you have been staying in said flat make an application to landlord for transfer of rent receipts in your name . i presume you are the only legal heir


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